Sounds like the guy (the one doing the suing) needs a beating. He it trying to sue the department when the department had nothing to do with it. Just someone looking for a pay day. I hope the department stands ground and doesn't settle with this jerk.
This guy was off duty and the girlfriend wasn't even his. They should fire this idiot. He is lucky the guy he attacked was not carrying.
http://www.jconline.com/apps/pbcs.dll/article?AID=2013303130027
This is the kind of cop we DON'T need in the Lafayette area.
I agree, in that the police department should not be a defendant in this case.
I do think, however, that the officer in question should be not just fired but prosecuted if the allegations are substantiated.
According to the article, there is a tape recording of the death threat. I thought that was a felony.
As I read this, the response by the department to a threat of murder was a 5 day suspension. That's why I would name the department in the suit. As small a percentage as they are, someone needs to take cops who threaten murder against civilians a little more serious than a 5 day suspension.
IANAL but I would say the reason the department is a defendant is because all officers are "technically" on duty 24/7... Doesnt make it right and I dont agree with it but I bet that is what the lawyer is thinking...
The guy should be prosecuted and if found guilty should be fired. Someone so irresponsible and lacking in trustworthiness should not be considered to meet the standards required of a police officer.
This guy was off duty and the girlfriend wasn't even his. They should fire this idiot. He is lucky the guy he attacked was not carrying.
http://www.jconline.com/apps/pbcs.dll/article?AID=2013303130027
But the police department denies that Williams placed the call from a city-issued cellphone, as Vander Plaats claims. LPD also argues that it cannot be liable under Indiana’s Tort Claims Act, which provides immunity for government entities and public agencies, and counters that Vander Plaats himself “assumed or incurred the risk of his own conduct.”